In this video, I show you how to search for anyone’s criminal history in Pennsylvania online! Anyone can do it, from anywhere in less than a minute. This is very helpful if you’re about to apply for a job, for credit, or you’re going on a blind date!

1. Do not discuss your case with anyone, except your attorney. The constitution grants you the right to remain silent, do so.

2. When law enforcement tells you: “Everything you say can and will be used against you in a court of law,” they really mean it.

3. When law enforcement investigates you or initiates a criminal case against you, their interest and yours are completely adverse. Nonetheless, treat the police with courtesy politeness, they are doing their job. Provide them with your vital statistics information, then stop. Do not discuss or volunteer any facts with law enforcement. As a general rule, it will never be beneficial to you. Ask to contact your attorney.

4. When you are not under arrest*, or when you are not in custody*, and you are simply being interviewed, everything you say will likely be admissible against you, even if the police fail to advise you of your rights (Miranda). You are probably unknowingly building their case against yourself.

*These are terms of art, and the legal definition as it is established by statute or case law applies in this case.

Tips on Arrest

1. If you are unsure whether you are being arrested or just stopped for investigation due to suspicious behavior, ask the officer (politely) whether you are being arrested. If the answer is no, you should still ask permission to leave before departing.

2. Exercise your right to remain silent and to have the assistance of an attorney. Don’t be afraid to remain silent; silence does not imply guilt. Tell the police that you want the assistance of an attorney. Police officers may not question you after you have asked for an attorney unless you initiate the discussion. Play it safe and do not sign or say anything until you speak with an attorney. There will be plenty of time to make or accept a “deal” after talking with an attorney. Remember that the police do not have authority to offer you deals or plea bargains to be presented to the Court; only the prosecutor can do that. So, resist police encouragement or coercion to answer questions.

3. Be calm, polite, and remember the details. Do not do or say anything which could be interpreted as resisting law enforcement, as that could result in an additional criminal charge, one taken very seriously by the courts. Stay as calm as possible and try to remember exactly what happened before, during, and after the arrest. Cooperate with the officers in such things as getting into and out of the car and walking, but save your questions and explanations for your attorney.

Without Warrants

The police can search without a warrant in certain situations:

1. If the search is incident to (accompanies) a legal arrest;
2. If the search is incident to a “stop and frisk” investigation. When stopped and questioned for suspicious activity, you can be “patted down” for weapons even if you are not arrested. However, police cannot go through your pockets unless they feel something which indicates you may be carrying a weapon or contraband; and
3. If your motor vehicle is movable and the police have reasonable grounds to believe: (a) someone in the car has committed a crime or is about to commit a crime; or (b) the motor vehicle contains contraband.

Tips on Search and Seizure

1. Consenting to a search: A search which might otherwise be illegal may become legal if you consent to it. A court may find such consent either in your words or actions (like opening the trunk of your car if the police ask you to do so). There may be occasions when you wish to consent to a search, but you should remember that the risks are high and that you are voluntarily giving up an important right. If you believe you are being searched illegally, look for witnesses and loudly tell police that you are not consenting to the search.
2. If searched incident to an arrest, the search must come after the arrest. Before being searched, ask the police if you are under arrest. If they say you are not, check the area for witnesses who might have heard the conversation. Remember who searched you; if it was not the arresting officer, the search may not be lawful. Be sure to ask “May I leave now?” before departing from the searching officer.
3. Do not act “suspicious” if stopped. Doing so could give the police reasonable grounds for a search. Remain calm and make no sudden moves which might be considered “furtive” or imply that you have something to hide.
4. When police are searching, do not move around. In a private area (especially a home), police can only search the area within your immediate control. Do not move around the house at these times, as you are only giving the police a greater area to search. Sit down and stay put until they finish in order to limit the area that they may properly search.
5. Remain calm and use your head. Try to remember the details of the search or frisk. A search or frisk is not the time for vehemently demanding protection of your constitutional rights. Except to assert your rights in a calm, reasonable manner and say as little as possible and give your attorney a complete account later.

There are certain things you should and should not do if you are arrested.

DO NOT make statements to the law enforcement officer in the belief that if you cooperate the officer will let you go (it is already to late once an arrest has occurred).

DO speak only with your attorney about the matter – do not discuss it with anyone else

DO NOT answer questions asked by law enforcement officers or other officers of the court, unless advised to do so by your attorney.

DO have your attorney present during any lineup or administration of a test (such as drawing a blood sample for further testing)

DO be polite to law enforcement personnel; they can make a bad situation worse if you make them mad at you.

DUI ARRESTS

Generally speaking, there are four kinds of evidence that a police officer will consider and gather in the investigation:

(1) gross observations of behavior in general;

(2) specific observations of balance tests and the like (usually called “field sobriety tests,” or FSTs);

(3) Information obtained from questioning the suspect himself; and

(4) chemical test results of the motorist’s blood, breath or urine.

A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has “probable cause” or “reasonable cause” to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven “beyond a reasonable doubt.” Although this is a high standard, it is met every day in courts all over the country.

It is imperative that you heed the very important advice that any good lawyer will give you which is: watch what you say when you are stopped by the police.

We all understand that you don’t want to give a statement to police when you are arrested because the only thing they are going to do is use whatever you say against you. Regardless

However, in a recent case Commonwealth v. Clinton 905a2 1026 (Pa.Super.2006) undercover policemen stopped a car who allegedly failed to stop at a stop sign. These officers couldn’t even arrest someone because they were not in uniform and in an marked car. However, when they asked the defendant for his license, they also asked him if he had any weapons or anything they should be aware of. Stupidly he said he had a little bit of weed. Based on his statement they took him out of the car, searched the car, and found a digital scale and a pound of marijuana in the trunk. The court found nothing wrong with the cops searching the car even though they didn’t have a warrant and they didn’t truly have any basis for even stopping him. It was the incriminating statement that got the defendant into big trouble. Even if he didn’t own the car, even if the marijuana in the trunk or the scale weren’t his, he still made a very critical error of telling the cops that he had some weed on him.

The lesson is, don’t say anything. Don’t make any statements. It can only get you in trouble.

Please visit http://www.joemitchellattorney.com for further information on criminal law, DUI, Drugs, Personal Injury, Wills & Estates and more!

For more information on criminal and other legal matters, please visit our website at: www.joemitchellattorney.com